English Partnerships

Guidance Note
Inclusive Design
 English Partnerships
Guidance Note
Inclusive Design
Authors Rita Newton and Marcus Ormerod,
SURFACE Inclusive Design Research Centre, The University of Salford

1.0 Summary

Inclusive Design is a way of designing products and environments so that they are usable
and appealing to everyone regardless of age, ability or circumstance by working with users
to remove barriers in the social, technical, political and economic processes underpinning
building and design. The social, moral, legal and commercial benefits of inclusive design
(DPTAC 2003) form a powerful case for adopting this approach in developing the built
environment for the future. http://www.dptac.gov.uk/inclusive/guide/02.htm#3

This Guidance Note has been produced to guide in the development of environments that
will promote social inclusion through the use of Inclusive Design principles and so serve
the widest range of users and customers of the built and outdoor environment. Through
the application of inclusive design principles liability under the Disability Discrimination Act
(DDA) (1995) as a service provider will be minimised and an audit trail provided in order to
defend the design methodology adopted on particular projects.

Failing to adopt the principles of inclusive design could lead to claims of failure to provide
accessible buildings, either by disabled people directly under the DDA, or by clients
issuing counter claims. It will become increasingly difficult to let properties to commercial
clients that are inaccessible under the DDA. Costly alteration work will be required to
projects after they are completed to add access features that could have been designed
into the original scheme. Additionally people ignoring advice given by their employer on
discrimination issues may find themselves subject to claims against the individual under
the DDA if they are found to be discriminating against a disabled person. However, the
rewards of following the guidance in this Note are homes and environments that everyone
can enjoy.

Inclusive design encourages evaluation from the earliest stages of master planning and
the design process to remove barriers that may otherwise be created in the development
in order to produce socially inclusive environments. It is an integral part of a coherent
strategy governing the development of the built environment as a whole and one which
recognises the relationships and interactions between the various elements and
infrastructures such that social inclusion is achieved.

This Note (and its technical annexes) covers the following:

• A summary of Inclusive Design and accessibility
• Legal aspects relating to the DDA and the built environment
• Application of the revised Part M of the Building Regulations
• Relationship of Inclusive Design to project implementation
• Inclusive Design strategies
• Access Statements and Inclusive Design criteria

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 • The role of Inclusive Design Champion and Access Consultant
• Useful resources and information

This Note should be read in conjunction with other guides and initiatives and these are
referred to, including web links where possible, in Technical Annex 8.

2.0 Issues

Historically, many terms applied to disabled people have been negative by being
derogatory, patronising and dehumanising, such as “the disabled” and “handicapped”.
Appropriate use and choice of language is therefore important and a glossary of key words
and terms is given in Technical Annex 1. Information on working with disabled people is
available from the Disability Rights Commission http://www.drc-gb.org/ .

It has been accepted for some time, not only in England and Wales, but also in other
countries, that accessibility of the built and outdoor environment is critical in order to create
a socially inclusive society. Buildings and the environment facilitate social inclusion for
everyone, including disabled people and older people. If people are excluded from facilities
that provide homes, education, employment, leisure, entertainment, services and
amenities then not only does discrimination occur but also opportunities for integration are
lost. Integration is also lost if facilities and services are segregated, separate or
stigmatizing such that people become unnecessarily dependent on others for support in
using the environment. An inclusively designed environment considers people’s diversity
and removes unnecessary barriers and exclusions in a way that benefits us all.

The social model of disability, which is a basic premise of this Note, identifies that it is the
barriers that society creates (building design for example) that are the disabling factors,
rather than a person’s impairment (Oliver 1996). Removing barriers to access of the built
environment reduces the disabling element, empowers the individual and shifts the focus
away from a person’s impairment. No one particular impairment is more prevalent than
another and older people, parents pushing buggies and children are just as likely to be
excluded from the built environment due to poor design, as are disabled people.

In particular, the Disability Discrimination Act (DDA) (1995) outlaws discrimination against
disabled people. Within the context of this Note, the legislation places a duty on service
providers to take reasonable steps to make adjustments to enable disabled people to use
a service. The duty is a general duty owed to disabled people, and thus it is an anticipatory
one, such that what is reasonable today may not be reasonable tomorrow. The
implementation of the Act has been in stages with duties relating to policies, practices and
procedures, and auxiliary aids and services already in force, and adjustments to physical
features operational from October 2004. Education, both pre and post 16, is now included
in DDA Part IV under the Special Educational Needs and Disability Act (2001). Since the
majority of public services, service transactions, employment and education are carried out
in buildings and their surroundings, the DDA will have a significant impact on the built
environment.

The obligations under the DDA are anticipatory, expecting changes in service provision
before it might have any discriminatory impact on a disabled person, with an emphasis on
making reasonable changes. However, the DDA does not say how ‘reasonable’ steps are
to be made in accommodating the needs of disabled people. Also, this Note is concerned

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with Inclusive Design, whereby it is not solely the needs of disabled people that should be
accommodated (DDA) but it is the needs of all building / environment users.
Further guidance on how to effectively design environments is provided in additional
legislation / guidance primarily through:

• Part M of the Building Regulations 2000, Access to and use of buildings (operational
from May 2004) for developments including housing
http://www.odpm.gov.uk/stellent/groups/odpm_buildreg/documents/sectionhomepage/o
dpm_buildreg_page.hcsp
• British Standard 8300:2001, Design of buildings and their approaches to meet the
needs of disabled people – Code of Practice http://www.bsi-global.com/index.xalter
• ODPM (2004). Planning Policy Statement PPS1: Creating sustainable communities.
London: ODPM.
• The Planning and Compulsory Purchase Act 2004. London: HMSO

Further detail on the legal position is provided in Technical Annex 2. Additionally the
following should be noted:
1. The revised Part M has adopted most of the principles and practice of the British
Standard BS8300, meaning that rather than being guidance, in effect the BS8300 is
mandatory through the application of Part M;
2. The revised Part M applies to new development, and refurbishment of and
extension to, existing developments;
3. Further detail on Part M is contained in Technical Annex 3;
4. The introduction of the Planning and Compulsory Purchase Act 2004 places a
responsibility on parties involved in the planning process to more effectively
consider the requirements of different community groups within the planning
process, and within the design of the development, and for developers to provide
Access Statements;
5. There are other published guides to assist in achieving best practice, Technical
Annex 8.

In adopting an Inclusive Design approach there are challenges that need to be addressed:
• Seeking inclusive design solutions rather than just additional accessible options;
• Involving disabled people and other community groups in planning/design
processes in a meaningful manner;
• Balancing project requirements whilst increasing diversity requires a holistic view of
the project;
• Inclusive design is an emerging area of practice and best practice is continually
evolving;
• Legal issues such as reasonableness have yet to be tested, but duties in the
legislation are anticipatory. New developments require long planning periods and
will have to anticipate the future position on accessibility standards;
• Historic properties, monuments and conservation areas can create a tension
between preserving the significance of the site versus creating an accessible and
inclusive experience.

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3.0 Best Practice

Best practice in the field of inclusive design is still emerging and at present there is no
single definitive source. In order to provide an overview of best practice the detail has
been given in technical annexes and reference should be made to these prior to
implementing an inclusive design approach. It should be remembered that inclusive design
extends from inception, through the planning process, detailed design, construction,
occupation, management and operation of an environment.

Step 1 - Inclusive design principles apply at the very outset of any development and
should be part of the business ethos of the organisation. Ideally the mission statement will
set the tone for what is trying to be achieved and it should reflect the aspirations of the
organisation to create social inclusion through its work.

Step 2 - An Inclusive Design Champion should be identified at an early stage who will be
involved fully with the other members of the project team. As the project develops it may
be necessary to appoint an independent access consultant to establish and monitor the
detailed design.

Step 3 - Inclusive Design Strategies should be created for each project with an Access
Action Plan for any existing buildings on site. From these strategies will emerge an Access
Statement that contains Inclusive Design criteria. As the project takes shape, the Access
Statement will be reviewed and refined becoming more specific as the design is detailed.
The Access Statement can be used throughout the project life to monitor access issues
during construction, variations and on completion the project can be audited to verify that
accessibility has been achieved through Inclusive Design.

Step 4 - The information from the Access Statement should be converted into a
user/owner manual to assist in the management of the property explaining how Inclusive
Design features will achieve accessibility and what steps need to be taken to ensure that
they continue to be maintained in working order.

Feedback should occur at each step to inform the design team of possible improvements
for future developments.

Adoption of an Inclusive Design approach using Access Statements provides an audit trail
throughout the project of the strategies used to ensure obligations are met under the DDA.
Additionally social inclusion is more likely to be achieved through a proactive approach
rather than requiring costly remedial alteration works after completion. Potential clients for
buildings and public spaces on development sites will increasingly be requesting
assurance that their responsibilities as an employer, housing provider, provision of
services to the public, and day to day business operations will not be compromised by
potential barriers in the built environment.

4.0 Key principles

The following Technical Annexes define key aspects of Inclusive Design:

Technical Annex 4 – Developing an Inclusive Design Strategy;
Technical Annex 5 – Project Implementation and the Inclusive Design Strategy;
Technical Annex 6 – Developing Access Statements;

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Technical Annex 7 – Role of the Inclusive Design Champion and Access Consultant.

5.0 External communication and implementation

This guidance needs to be seen and used by:

• Decision makers, project champions and project managers of the development;

• Development partners and stakeholders;
• Consultants, organisations and individuals employed on the development, planning,
design and construction of projects.

This guidance should be applied as early as possible in any development process and
needs to be properly reflected in project documentation and in the project management.
The process used to ensure that an Inclusive Design approach was adopted should be
evaluated and feedback given on its effectiveness.

6.0 References

Technical Annex 8 contains a full list of references and sources of useful information.

7.0 Checklist

Technical Annex 9 contains a flow chart that can be used as a guide to the inclusive
design process recommended, covering:

• Check Mission Statement to ensure inclusivity and access issues are promoted;
• Identify and appoint Inclusive Design Champion and/or Access Consultant;
• Develop Inclusive Design Strategy for project including Access Action Plans for any
existing buildings;
• Create Access Statements;
• Refine Access Statements as detailed design develops;
• Monitor construction works against finalised Access Statement;
• Convert Access Statement into a facilities / user manual on completion;
• Provide feedback for future projects on Inclusive Design Approach.

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Technical Annex 1 - Glossary of terms

Access Action Plans – for built / developed schemes or elements already existing on a
new development that will be retained; identifies good + bad features of an area /
development and looks at a strategy for implementation (this will help with anticipatory
duty of DDA); some overlap with access audits, but access audits should feed into the
Action Plan to allow decisions to be made.

Access statements – an Access Statement (AS) is a description of how inclusive design

principles and practice will be incorporated into the project / development, and
subsequently maintained and managed. An AS forms the implementation of the Inclusive
Design Strategy. See Technical Annex 6.

Accessibility - a term often used interchangeably with inclusive design to describe the
extent to which a product or environment is usable by a wide range of people.

British Standard BS8300:2001 – best practice guidance on accessibility issues and

forming the basis for the revision to Part M Approved Document of the Building
Regulations. http://www.bsi-global.com/index.xalter

Disability – see social model approach below.

Disability Access – a remedial solution that assists in making an environment accessible

to a disabled person, but tends to highlight the disability and is not an integral element of
the original design but included afterwards to remove a barrier.

Disability Discrimination Act 1995 – The Disability Discrimination Act (DDA) outlaws
discrimination against disabled people in a number of fields: employment, the provision of
goods facilities services and premises; and, as a result of amendments to the Act made by
the Special Educational Needs and Disability Act 2001, the provision of education, both
pre-16 and post-16. See Technical Annex 2.

Inclusive Design - is a way of designing products and environments which are usable and
appealing to everyone regardless of age, ability or circumstance by working with users to
remove barriers in the social, technical, political and economic processes underpinning
building and design.

Inclusive Design Champion – a person designated to promote inclusive design issues at

each stage of the development process. See Technical Annex 7.

Inclusive Design Strategy – the planned implementation of Inclusive Design. See

Technical Annex 5.

Language – see social model approach below.

Lifetime Homes - 16 design features that ensure a new flat or house will be flexible
enough to ensure that changing household needs are met. Standards are summarised in
JRF (1995) and online at http://www.lifetimehomes.org.uk/

Part M Approved Document, Building Regulations – see Technical Annexes 2 + 3

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Social Model approach – The social model of disability puts forward that it is society that
is created and operates in a way that does not take into account those who do not meet
the perceived norm and so excludes and thereby disables them (Oliver 1996). In this
definition ‘impairment’ relates to an individual’s condition of mind, body or senses that
results in an individual functional limitation; “disability” is the limitations imposed by a
society that takes no account of people with impairments. So people with impairments are
“disabled” by society. In this definition the term “people with disabilities” makes no sense.
Therefore the description should be “disabled people” or disabled person. This can be
confusing because earlier attempts to move language away from stereotyping with words
such as “the disabled” and “handicapped” promoted the concept of people first with
“people with disabilities”. However, the social model argues strongly for the use of the term
“disabled people” and a distinction between impairment and barriers made by society.

The social model of disability allows us to recognise that the causes of disabling barriers in
design are influenced by the broader social and cultural context. This enhances our insight
into the ways in which disabled people are excluded by the built environment and poorly
designed artefacts.

In order to make best use of the social model of disability it is important to be clear about
which limitations are caused by an individual’s impairment (difference in mind, senses or
body) and which barriers are created by society. These societal disabling barriers are not
just physical they can also be attitudinal and systematic.

Special Educational Needs and Disability Act 2001 (SENDA) – see Technical Annex 2.

Wheelchair housing – Although Lifetime Homes Standards make general housing more
flexible and accessible for disabled people allowing people to adapt their homes to suit
their needs, there will always be some wheelchair users who require more specialist
provision. Wheelchair housing should be provided as a percentage of the housing stock
and designed to Housing Corporation Scheme Development Standards. Guidance can be
found in Thorpe, S. (1997).

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Technical Annex 2 - Legal

The Disability Discrimination Act (DDA) (1995)

The DDA outlaws discrimination against disabled people in a number of fields:

employment, the provision of goods facilities services and premises; and, as a result of
amendments to the Act made by the Special Educational Needs and Disability Act 2001,
the provision of education, both pre-16 and post-16. It makes specific provision for
transport, by means of regulatory powers to govern the design of new build transport
vehicles and by making provision for access to licensed taxis for disabled people.

The cornerstone of Part III of the Act is the duty contained in s.21 of the Act to take
reasonable steps to make adjustments to enable disabled people to make use of a
service. The duty is a general duty owed to disabled people at large, and thus an
anticipatory duty; it is also evolving - what may not be reasonable today, due to cost, lack
of technology etc, may well be reasonable next month or next year. Although a general
duty in its structure, it can only be enforced by an individual disabled person who has been
subjected to a detriment. The duty to make reasonable adjustments falls into three main
areas that are being introduced in stages. In October 1999, the duties relating to policies,
practices and procedures; auxiliary aids and services; and the provision of a service by a
reasonable alternative method, came into force. October 2004 saw the implementation of
the third area relating specifically to physical features. Note that education is in the DDA
under part IV, being redressed in England and Wales by the Special Educational Needs
and Disability Act (2001) [SENDA], with a different timescale for implementation such that
physical adjustment duties are effective from 2005.

Section 21 (2) in Part III of the DDA provides that ‘Where a physical feature (for example,
one arising from the design or construction of a building or the approach or access to
premises) makes it impossible or unreasonably difficult for disabled persons to make use
of such a service, it is the duty of the provider of that service to take such steps as it is
reasonable, in all the circumstances of the case, for him/her to have to take in order to:

(a) remove the feature;

(b) alter it so that it no longer has that effect;
(c) provide a reasonable means of avoiding the feature; or
(d) provide a reasonable alternative method of making the service in question available
to disabled persons.’

It is the service providers who owe the duty to make ‘reasonable’ adjustments. However,
both the DDA and SENDA impact on the built environment as the majority of public
services, service transactions, employment and education are carried out in buildings or
their surroundings. Within the DDA there is no definition of what is ‘reasonable’ or how this
is determined and approached. There has been much consideration of this. In February
2002, for example, the revised DDA Code of Practice was published. This deals with the
October 2004 Part III duties and, as stated by the Disability Rights Commission, this Code
“provides detailed advice on the way the law should work…” It is expected that the Code
will be referred to in court when deciding on DDA Part III cases. Section 21(3) states that
[subsequent] Regulations may further clarify 21(2) c & d, and may clarify service providers
to whom 21(2) does not apply. This has been done through the Statutory Instrument 2001,
No.3253.

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Landlords – in terms of common parts of a multi occupancy building, the Part III Code of
Practice advises landlords of premises with more than one occupier to assume that they
may have responsibilities to make common areas accessible to disabled people, but this
needs to be considered in light of the actual lease terms.

A draft Disability Discrimination Bill is progressing through parliament, the exact content
and timescale has yet to be determined, although it will further extend disabled people’s
rights.

The Building Regulations

The Building Regulations 2000 are a mandatory requirement of the 1984 Building Act and
they apply to most building work in England and Wales. They are supported by thirteen
‘approved documents’, covering aspects including structure, fire safety, ventilation and
access/facilities for disabled people: these exist to give “practical guidance with respect to
the requirements of any provision of building regulations”; although their use is not
mandatory, whether or not they have been followed would undoubtedly be relevant in
considering prosecution or enforcement action.

In England and Wales currently the Building Regulations Part M – Access to and use of
buildings and its accompanying Approved Document provide minimum guidance on
accessibility. These cover new developments, alterations and extensions to existing
buildings, some changes of use, and housing. The guidance is based primarily on BS
8300: 2001 Design of buildings and their approaches to meet the needs of disabled people
– Code of Practice. The revised Part M does not however include management issues
related to buildings (currently included in BS 8300) since this will be difficult to control
through the building regulation approval process. The revised Part M was effective from
May 2004.

Housing

In 1999 the government extended Part M of the 1991 Building Regulations to include
housing. The revised Part M now incorporates these existing requirements.

Planning

The introduction of the Planning and Compulsory Purchase Act 2004 places a
responsibility on parties involved in the planning process to more effectively consider the
requirements of different community groups within the planning process, and within the
design of the development. Examples of this are:
• The requirement of a local authority to prepare a statement of community involvement
describing their policy for involving interested parties in matters relating to the
development in their area. The Statement will be subject to external examination.
(section 18 of the Act).
This should mean in practice that previously excluded or marginalised groups such as
local access groups will be more proactively involved in the planning process thereby
assisting developers in the implementation of inclusive design;
• The requirement for applications for development to be accompanied by a Design
Statement or an Access Statement (or both). The Explanatory Note accompanying the

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 Act says that the content of the Statements, and the types of development to which
they will apply, would be prescribed by regulation or in a development order, however,
section 42 (1) (5) of the Act explicitly states that an application for planning must be
accompanied by:
a) a statement about the design principles and concepts that have been applied to the
development, and,
b) a statement about how issues relating to access to the development have been dealt
with.

The practicalities of implementation of the above have yet to be established through

regulation and further policy development. However, Government have already issued
Planning Policy Statement (PPS) 1 Creating Sustainable Communities which sets out the
governments vision for planning, and the key policies and principles which should underpin
the planning system. Social inclusion is one of these key policy messages with section
1.19 suggesting that ‘planning policies should take into account the needs of women,
young people, children and the elderly, as well as disabled people, black and minority
ethnic groups, and other disadvantaged groups’. In effect, a planning system that
‘promotes communities which are inclusive …’ (section 1.22).

Additionally, ODPM (2003) have published guidance on the role of the planning system in
promoting access through A Good Practice Guide on Planning and Access for Disabled
People. The primary objective of the Guide is to ‘ensure the Town and Country Planning
system in England successfully and consistently delivers inclusive environments as an
integral part of the development process’. It provides useful flow diagrams on development
control, and it lists and describes 19 principles towards good practice. However, it should
be noted that this Guide was produced prior to the passing of the Planning and
Compulsory Purchase Act 2004.

Further information on the Planning and Compulsory Purchase Act is available from the
Office of the Deputy Prime Minister (www.odpm.gov.uk), and in the context of community
involvement and access statements information is available from the Disability Rights
Commission (www.drc.org.uk).

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Technical Annex 3 – Application of revised Part M (effective May 2004) to different
building elements

Introduction

This annex provides guidance on the interpretation of the new Part M to the Building
Regulations which are applicable in England and Wales from May 2004.

Building Regulations are statutory regulations made under section 14(3) of the Building Act
1984. The Building Amendment Regulations (2003) (SI 2003/2692) make changes to the
earlier Building Regulations 2000, by providing a new Part M in Schedule 1 to these 2000
regulations. In amending Schedule 1, The Office of the Deputy Prime Minister has revised
its guidance on how to interpret Schedule 1 with the issue of a new Approved Document
M, Access to and use of buildings. Earlier editions of this document (1991, 1999) have
now been superseded.

Overview

The new Part M and the Approved Document M no longer refer to ‘disabled people’. The
aim of the documents is to ‘foster a more inclusive approach to design, to accommodate
the needs of all people’ (ODPM 2003).

The requirements of the Regulations apply if:

1. a building is newly erected (regardless of whether this is domestic or non-domestic);

2. an existing non-domestic building is extended or undergoes a material alteration;
3. an existing building (or part) undergoes a material change of use to a hotel or
boarding house, institution, public building or shop.

Note that an existing dwelling is excluded from the above list. However, if a dwelling is
extended or undergoes a material alteration, it does not have to be compliant with Part M,
but the work must not make the dwelling less satisfactory in relation to Part M than it was
before the work.

Within the context of new dwellings there is a requirement for people regardless of
disability, age or gender, to be able to:
• reach the entrance (either principal entrance or alternative entrance) from the point of
access;
• gain access into and within the principal storey of the dwelling;
• use sanitary conveniences no higher than the principal storey.
The guidance on dwellings has not changed since the 1999 edition of the Approved
Document, other than minor changes to diagram numbers and text references due to the
requirements being put into a new document.

Within the context of non-domestic buildings, there is a requirement for people regardless
of disability, age or gender, to be able to:
• reach the principal entrance and other entrances, from the site boundary, car parks and
other buildings on the site;
• have access into, and within any storey of the building and the building’s facilities
(subject to the usual gender convention concerning sanitary conveniences);

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• access audience or spectator seating;
• effectively communicate in auditoria, meeting rooms, receptions areas, ticket offices
and information points (by providing communication aids for people with hearing or
sight impairment);
• access sanitary conveniences;
• be protected from elements of the building that may cause a hazard, through the use of
effective wayfinding for visually impaired users for example.

In providing detailed guidance on all of the above, the Approved Document (AD) draws on
the recommendations in BS 8300. However, the guidance in the AD sometimes differs
from the British Standard, and it is the intention of the British Standards Institute to review
the anomalies, and where appropriate, to take them into account in future editions of the
BS. Additionally, the AD provides guidance on the interpretation of the requirements in
relation to historic buildings, since these buildings are not exempt from the requirements.

Finally, the concept of an Access Statement has been introduced. It is recommended that
an Access Statement is provided
‘to identify the philosophy and approach to inclusive design adopted, particularly
when the approach taken to satisfying the requirements differs from that
represented by the guidance in the AD’ (ODPM 2003).

Composition of the Approved Document

The AD is split into 3 main areas, sub divided into sections, as follows:

Section Provision
0 General guidance Explanatory
1 – 5 Buildings other than dwellings Access to buildings
Access into buildings
Horizontal and vertical circulation
Facilities
Sanitary accommodation
6 – 10 Dwellings Means of access to, and into
Circulation within the entrance storey
Accessible switches and socket outlets
Passenger lifts and common stairs (flats)
WC provision in the entrance storey

The use of the AD is guidance only. However, this does not mean that it can be ignored.
The document covers the more common building elements only, and it will be the case
that an inclusive approach will have to be considered in other contexts, due to the needs of
employees or requirements of service providers under obligations of the Disability
Discrimination Act for example. Additionally, there will be alternative ways of achieving
compliance with the AD. ‘Thus there is no obligation to adopt any particular solution, if you
prefer to meet the relevant requirements in some other way’. This is where an Access
Statement becomes particularly important.

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Access Statements

In designing and adapting buildings, the members of the design and construction team in
consultation with the client / developer, will make decisions on access issues. Part M now
requires the provision of an Access Statement to accompany all the stages of the
construction process (from planning to in-use) such that there is an explicit process in the
form of a document that explains the philosophy and practice of accessibility included
within the development. Further information on Access Statements is included in Technical
Annex 6.

Extensions to non-domestic buildings

An extension must have suitable independent access, or, there should be suitable access
through the existing building to the extension. If the access through the existing building is
unsuitable, it should be altered so that it does provide appropriate access.

Obviously the extension must comply with Part M, the only exception to this being the
location of the Part M compliant sanitary accommodation. There is opportunity for the
sanitary conveniences to be located in the accessible route to the extension, rather than in
the extension itself.

Material alterations

Alteration work must comply with Part M. Reasonable provision must be made for people
to be able to access the new features. When looking at the building as a whole (if only part
has been altered), the building must be no less compliant with Part M than it was prior to
the alteration.

Material change of use

This does not apply to all building types. Part M is only applicable to changes in use to the
following:
• hotel or boarding house;
• an institution;
• a public building;
• a shop;
• a dwelling(s), either as a whole (such as student accommodation), or provision of a flat,
or provision of a room for residential purposes.

Further differentiation is made between whether the whole building is being subject to
change of use, or whether it is just part of the building. For a whole building change of use,
the building must be upgraded so that it complies with Part M. For a part change of use
(but still within the categories identified in the bullet points above), the following is
applicable:

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1. the part must comply with Part M;

2. sanitary conveniences if provided in the part must comply; if sanitary conveniences

are provided elsewhere in the building, then:
a) the conveniences should be upgraded if necessary so that they do comply with
Part M;
b) there must be reasonable provision for people to gain access to and use the
sanitary conveniences;

3. there must be reasonable provision to gain access to the part, either by

independent access or by a route to and through the existing building.

Car parking and setting down

Part M applies.

Historic buildings

The need to conserve the special characteristics of historic buildings has to be recognised,
yet there must be appropriate balance between historic building conservation and
accessibility. The aim should therefore be to,

‘improve the accessibility …. Provided that the work does not prejudice the
character, or increase the risk of long term deterioration of the building fabric and
fittings’ (ODPM 2003).

Additionally, the Approved Document provides guidance on the definition of historic

buildings

Exemptions / clarifications provided in the approved document

Mixed use development – where a building may be used part as a dwelling and part for
non-domestic use. If the requirements for each of these are in conflict, the requirements
for non-domestic should apply to shared parts of the building.

10 year exemption – The Disability Discrimination Act duty to make ‘reasonable

adjustments’ (section 21(2)) has an exemption in Regulation 3 (DDA Regulations 2001),
such that if a physical feature accords with the previous versions of the Approved
Document M, the service provider will not have to adjust the feature if 10 years or less has
elapsed since the feature was constructed or installed. This means that in terms of service
provision, there may be instances where Part M (May 2004 edition) does not apply.

However, it is now different for employment. The 10 year exemption originally applied to
employment situations (DDA Regulations 1996 - Regulation 8), but it has been removed
(DDA Amendment Regulations 2003). This means that when employing a person and
looking at what should be provided, the May 2004 Part M applies.

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Technical Annex 4 – Developing an Inclusive Design Strategy

The best way of delivering inclusive design varies from one development to another
(ODPM 2003). For example, major regeneration schemes in urban areas require a broad
approach to inclusive design, addressing movement through public areas as well as the
design of the buildings themselves. In contrast, a smaller scheme such as the
refurbishment of an existing building has little or no impact on the wider realm, and the
inclusive design approach in this case would focus on access to the building and
movement within it.

In developing an Inclusive Design Strategy therefore, consideration has to be given to the

nature of the proposed development and the influences on it. It is only by looking at these
areas individually and seeing which of them are relevant, and how, for the proposed
project, that an inclusive design vision can become a reality through the development of a
strategy.

Inclusive Design
Strategy

Internal Transport Housing / Buildings - Buildings -

spaces interchanges Residential public areas employee
areas

External Open spaces

spaces Transport Public Sport Highways Pedestrian
methods Realm Recreation Cycle ways

Non-
physical Communication
Consultation

Key areas to be considered in developing an Inclusive Design Strategy

By taking this overview, and submitting it to paper, subsequent team members can put the
Strategy into practice through the development and implementation of an Access
Statement(s) for the project. The Access Statement is seen as important because the most
effective strategy will be one that includes specific criteria relating to inclusive design
throughout the whole project, as demonstrated through the Access Statement, rather than
just relying on a single strategy.

However, it is helpful if the Strategy and subsequently the Access Statement(s) are written
with clear objectives such that subsequent attainment and effectiveness of the Inclusive
Design approach can be measured. When writing objectives they should be specific,
measurable, achievable, realistic and time related (SMART).

15
Technical Annex 5 - Project Implementation and the Inclusive Design Strategy

Project Best practice – role of inclusive Best practice tools / methods

Management design champion (IDC), access
Process stage consultant (AC)
1.0 Project IDC to ensure that Inclusive Design is Project based Inclusive Design
concept and included in overall concept, and is Strategy and Access Action Plan of
definition appropriately defined any existing facilities / buildings
2.0 Feasibility IDC included as member of team Develop Access Statement (AS)
stage developing full business case including identifying inclusive design
criteria
3.0 Appoint Appropriately skilled AC appointed Refine AS
consultants for
detailed design
4.0 Develop IDC / AC involved in key processes of Refine and expand on AS
project Project Management
execution plan
5.0 Design IDC / AC to input on design as Finalise AS
development appropriate
6.0 Procure Project Manager to seek confirmation of Incorporate AS into tender
contract works acceptability from IDC / AC prior to sign documentation
off of design
Project Manager to seek confirmation of Adjust AS in line with any tender
acceptability from IDC / AC prior to adjustments
acceptance of successful tender
7.0 IDC / AC to monitor implementation, and
Implementation advise on variations
8.0 Project Manager to seek confirmation of Review AS based on implementation
Commission, acceptability from IDC / AC prior to sign
completion + off at completion
handover
9.0 Review IDC / AC to undertake post occupancy AS reviewed to become a tool for
and close out audit facilities managing access issues
IDC to feedback on success / Refinement of generic Inclusive
improvements that could be made Design Strategies for future use

16
Technical Annex 6 – Developing Access Statements (AS)

An Access Statement (AS) is a description of how inclusive design principles and practice
will be incorporated into the project / development, and subsequently maintained and
managed. An AS forms the implementation of the Inclusive Design Strategy. An AS is not
seen as a static document but as a living process which evolves with the scheme, from
initially being fairly generic, to gradually becoming more specific and comprehensive in
form.

Access Statements are relatively new, so their format and style are still being refined. The
Planning and Compulsory Purchase Act 2004 requires statements to be prepared as part
of the planning approval process. Under the revised Part M Approved Document, Access
Statements are only recommended, their use is not mandatory. However, best practice
(DPTAC 2003 and ODPM 2003) suggests that this is insufficient and that Access
Statements should be proactively used on each project / development to explain how
access is achieved whether by following revised Part M, or not. This is also important from
a legislation perspective where the Disability Discrimination Act (1995) places an
anticipatory duty on service providers to consider reasonable provision on all projects, and
an AS can assists in demonstrating anticipatory duties.

The AS itself should be inclusive in that the compilation and ownership of the AS should
be the entire project / development team led by the Inclusive Design Champion (see
Technical Annex 7). In this way, ‘all parties will understand and commit to the benefits, and
endeavour to bring about inclusive design’ (ODPM 2003). Best practice would suggest that
further consultation is undertaken on the content of the AS with disabled people through
local access groups, local Access Officers, and with the community as appropriate. The
AS will therefore be of benefit to, and will be of relevance to:

• the design team;

• the contractor team;
• enforcers (planning, building control) in accessing to legislation and codes of
practice;
• disabled people and the local access group;
• the access officer;
• subsequent users of the project / development;
• local community.

In relation to inclusive design, an Access Statement will therefore include the following, as
a minimum:

1. identification of approach to inclusive design, including overall strategy / aspirations;

2. key issues of the project / scheme;
3. sources of advice / guidance to be used;
4. consultation processes;
5. where inclusive design cannot be adopted, for example, site constraints, ancient
monuments, historic or listed buildings, an explanation of the constraints with details
of actions to overcome / mitigate the constraint;
6. appropriate marked up plans and elevations of the project / development.

17
At the end of the construction of the project, the Access Statement will be worked into a
tool for building and development occupiers / facilities managers to use, in managing and
maintaining the intended inclusive design principles and practice.

In some documents the term ‘access strategy’ is used interchangeably with ‘access
statement’ but in this Guidance Note they serve different purposes and to highlight this
they are called Inclusive Design Strategy and Access Statements respectively.

18
Technical Annex 7 - Role of the Inclusive Design Champion and Access Consultant
(adapted from DPTAC 2003)

The client for the project will appoint an appropriately skilled Inclusive Design Champion /
Access Consultant and empower them to act effectively within the project structure in the
interests of inclusive design. The earlier in the project the Inclusive Design Champion can
be identified then the more opportunity there will be to create an inclusive environment. If
the appointment is external to the client’s organisation or team, then a fee will be paid for
the services that the consultant will undertake. Since the role is complex and involved, it
should not be assumed that the services will be deemed to be automatically included
within an existing team members’ appointment. The role needs to be clearly established
and recognised within the design team.

The role can be summarised as:

1. to actively consider and integrate access issues at all stages of the project briefing
process through an inclusive design approach;

2. through the proactive and consistent contributions of the key participants, convert
the access requirements of the project briefs into appropriately designed and
constructed buildings that meet the requirements of the briefs;

3. to review and evaluate projects upon completion and use any lessons learned for
enhancing the delivery of future projects.

The above should be undertaken following the guidance in this Note, particularly as
detailed in Technical Annex 5 and Technical Annex 6.

Note

To determine an appropriately skilled Inclusive Design Champion / Access Consultant the

core competencies and experience objectives listed by the National Register of Access
Consultants http://www.nrac.org.uk/ should be used. Whilst it is recognised that the IDC or
AC may not be a member of the National Register it is expected that they should have the
ability to perform effectively at this level of competence.

19
Technical Annex 8 – Resources

References in this Guidance Note

British Standards Institute. (2001). British Standard 8300:2001, Design of buildings and
their approaches to meet the needs of disabled people – Code of Practice. London: BSI.
http://www.bsi-global.com/index.xalter

The Disability Discrimination Act (1995). London: HMSO.

http://www.legislation.hmso.gov.uk/acts/acts1995/1995050.htm

Disabled Persons Transport Advisory Committee (DPTAC) (2003). Inclusive Projects: A

guide to best practice on preparing and delivering project briefs to secure access. London:
HMSO. http://www.dptac.gov.uk/inclusive/guide/index.htm

Draft Disability Discrimination Bill (2003). http://www.disability.gov.uk

English Partnerships and Llewelyn-Davies (2000). Urban Design Compendium. London:

English Partnerships. http://www.englishpartnerships.co.uk/

HMSO. (1999). The Building Regulations 1991. Part M of the Building Regulations 2000,
Access and facilities for disabled people. Approved Document M. London: HMSO.
http://www.odpm.gov.uk/stellent/groups/odpm_control/documents/homepage/odpm_home
_index.htm

HMSO (2001). Special Educational Needs and Disability Act (SENDA) 2001. London:
HMSO. http://www.uk-legislation.hmso.gov.uk/acts.htm

National Register of Access Consultants. http://www.nrac.org.uk/

ODPM. (2003). Planning and Access for Disabled People: A good practice guide. London:
ODPM.
http://www.odpm.gov.uk/stellent/groups/odpm_planning/documents/page/odpm_plan_609
460.hcsp

ODPM (2004). Planning Policy Statement PPS1: Creating sustainable communities.

London: ODPM.

Oliver, M. (1996). Understanding Disability: From Theory to Practice. Basingstoke:

Macmillan.

The Planning and Compulsory Purchase Act 2004. London: HMSO

20
Other sources of useful information

Buildings - Public Areas

Accesscode - Code of Practice on Access and Mobility. http://www.accesscode.info

Barker, P et al. (1995). Building Sight: A handbook of building and interior design solutions
to include the needs of visually impaired people. London: RNIB.

Dulux Trade. (2001). Colour and Contrast. A design guide for the use of colour and
contrast to improve the built environment for visually impaired people. Berks: Dulux CD
ROM. http://www.duluxtrade.co.uk

Easy access to historic properties English Heritage http://www.english-heritage.org.uk

Buildings - Employee areas

Disability Rights Commission. (2003). Draft Code of Practice Employment and Occupation.
Stratford upon Avon: DRC. http://www.drc-gb.org

Employers Forum on Disability. http://www.employers-

forum.co.uk/www/guests/info/factsheets.htm

Communication and Consultation

Accesscode - Code of Practice on Access and Mobility. http://www.accesscode.info

Barker, P. and Fraser, J. (2000). Sign Design Guide. London: RNIB.

Oxley, P. (2002). Inclusive Mobility. A guide to best practice on Access to Pedestrian and
Transport Infrastructure.
http://www.dft.gov.uk/stellent/groups/dft_mobility/documents/page/dft_mobility_503282.hcs
p

RNIB. (2003). See it Right Pack. London: RNIB.

http://www.rnib.org.uk/xpedio/groups/public/documents/publicwebsite/public_seeitright.hcs
p

Highways

Accesscode - Code of Practice on Access and Mobility. http://www.accesscode.info

DETR. (1998). Guidance on the use of Tactile Paving Surfaces. London: DETR.
http://www.dft.gov.uk/stellent/groups/dft_mobility/documents/source/dft_mobility_source_5
03283.doc

Oxley, P. (2002). Inclusive Mobility. A guide to best practice on Access to Pedestrian and
Transport Infrastructure.
http://www.dft.gov.uk/stellent/groups/dft_mobility/documents/page/dft_mobility_503282.hcs
p

21
Housing

Carroll, C. et al. (1999). Meeting Part M and Designing Lifetime Homes. York: Joseph
Rowntree Foundation. http://www.jrf.org.uk

Habinteg Housing Association. (2003). Lifetime Homes. Living Well Together – achieving
sustainable, flexible homes within high density neighbourhoods. London: Habinteg.
http://www.habinteg.org.uk

Habinteg Housing Association. (2003). Design Guide. London: Habinteg.

http://www.habinteg.org.uk

Housing Corporation. (2003). Scheme Development Standards, Fifth Edition. London:

Housing Corporation.
http://www.housingcorplibrary.org.uk/housingcorp.nsf/AllDocuments/F88FC069D09617D3
80256CFB0052682C

ODPM. (2003). Housing Quality Indicators (Version 2). London: ODPM.

http://www.hqiuk.com/

Thorpe, S. (1997). Wheelchair Housing Design Guide. London: BRE Bookshop.

Open Spaces, Sport, Recreation

Accesscode - Code of Practice on Access and Mobility. http://www.accesscode.info

British Telecommunications (1997). Countryside for All – Standards and Guidelines – A

good practice guide to disabled people’s access in the countryside. London: BT.
http://www.fieldfare.org.uk/btcfa.htm

ODPM. (2003). Developing Accessible Play Space. West Yorkshire: ODPM Publications.
http://www.odpm.gov.uk/stellent/groups/odpm_urbanpolicy/documents/page/odpm_urbpol
_026876-04.hcsp

The Access Board (USA) (2003). Summaries of Accessibility Guidelines for Recreation
Facilities. Washington, USA: The Access Board. http://www.access-
board.gov/recreation/guides/index.htm

Planning

Greater London Authority. (2003). Accessible London: Achieving an inclusive environment.

The London Plan (spatial development strategy for Greater London) Draft Supplementary
Planning Guidance. London; GLA.
http://www.london.gov.uk/mayor/strategies/sds/accessible_london.jsp

ODPM (2003). Sustainable communities: delivering through planning: ODPM Publications.

http://www.odpm.gov.uk/stellent/groups/odpm_control/documents/contentservertemplate/o
dpm_index.hcst?n=3296&l=3

22
ODPM (2004). Planning Policy Statement PPS1: Creating sustainable communities.
London: ODPM.

The Planning and Complusory Purchase Act 2004. London: HMSO

Public Realm

Accesscode - Code of Practice on Access and Mobility. http://www.accesscode.info

English Partnerships and Llewelyn-Davies (2000). Urban Design Compendium. London:

English Partnerships. http://www.englishpartnerships.co.uk/

ODPM (2000). By design, urban design in the planning system: towards better practice.
London: ODPM

Oxley, P. (2002). Inclusive Mobility. A guide to best practice on Access to Pedestrian and
Transport Infrastructure.
http://www.dft.gov.uk/stellent/groups/dft_mobility/documents/page/dft_mobility_503282.hcs
p

Transport Interchanges

Accesscode - Code of Practice on Access and Mobility. http://www.accesscode.info

Oxley, P. (2002). Inclusive Mobility. A guide to best practice on Access to Pedestrian and
Transport Infrastructure.
http://www.dft.gov.uk/stellent/groups/dft_mobility/documents/page/dft_mobility_503282.hcs
p

Transport Methods

Accesscode - Code of Practice on Access and Mobility. http://www.accesscode.info

23
Technical Annex 9 – Checklist Flowchart

Inclusive Design in Mission

Statement?

Review Mission Statement

No to ensure inclusivity and
access issues are
promoted
Yes

Identify and appoint Inclusive

Design Champion
Feedback

Internal External
role? appointment?

Inclusive Design
Strategy

Develop Access Create Access

Action Plans for Statements for new
existing buildings developments

Refine Access Action Plans and Statements as detailed design

develops checking against Mission Statement ethos

Monitor construction works against

Access Action Plans and Statements

Convert Access Action Plans and

Statements into Building Owner/User
Manual

24